The holiday season is here, and the end of the year is approaching fast. Many people will celebrate with their friends and loved ones between Thanksgiving and New Year’s Eve – and those celebrations may include drinking wine, eggnog, or other alcoholic beverages. Some of them will then get behind the wheel, thinking they can make it home safely.

But driving a vehicle while you are under the influence of drugs and/or alcohol is against the law. Not only can you seriously injure yourself, your passengers or other drivers, but you risk serious penalties if you are caught.

What are the DUI laws in Tennessee?

DUI laws regulate the criminal offenses of driving under the influence of drugs and/or alcohol. Tennessee’s DUI law covers a variety of aspects of DUI, such as:

• Blood alcohol content (BAC). BAC is the level of alcohol in a person’s system, and in Tennessee if the level in a driver’s system is found to be at least 0.08, said driver is legally drunk.
• Implied consent. Implied consent means that a driver has agreed to take a breath or blood test that is requested and administered by police, simply by virtue of being behind the wheel. The law changed recently, in regard to the way police can take a blood test vs. requesting a breath test. You can read about those changes here.
• The drinking age. Tennessee law strictly prohibits individuals younger than age 21 (the age at which it is first legal for people to drink alcoholic beverages) from drinking alcohol; in fact, Tennessee has zero tolerance for underage drinking.

What are the penalties for committing DUI offenses?

DUI charges and convictions are serious and result in fines, jail time, a license suspension, and installation of ignition interlock devices (IIDs) in vehicles. People charged with and convicted of DUI for the first time spend at least two days, but no more than eleven months, in jail; face up to $1,500 in fines; have their driver’s license suspended for twelve months; and may be required to install an IID in their car.

Repeat offenders face even steeper fines and penalties if convicted:

• Second-time DUI offenders must spend at least 45 days, but no more than twelve months, in jail, pay a fine of up to $3,500, have their license suspended for 24 months, and have an IID installed in their car.
• Third-time DUI offenders spend at least 120 days, but no more than twelve months in jail, face $1,100-to-$10,000 fines, have their license suspended for at least three, but no more than ten years, and must install an IID in their car.
• People charged with and/or convicted of DUI for the fourth time and beyond face at least 150 days, but no more than six years of jail time, $3,000 to $15,000 in fines, driver’s license suspension for at least five years, and installation of an IID in their car.

DUI and sobriety checkpoints

Sobriety checkpoints are an attempt to combat drunk driving and to prevent terrible tragedies related to drunk driving.  Also known as “mobile checkpoints” or “roadblocks,” sobriety checkpoints are random traffic stops run by police and are done for no specific suspicions. Police momentarily detain drivers during sobriety checkpoints and only administer alcohol tests to suspicious drivers. Police must follow exacting protocol in order to legally hold a checkpoint, so if you are arrested as a result of being stopped at a roadblock, call an experienced attorney before pleading guilty.

Drinking is part of many people’s holiday celebrations. However, drinking and driving is against the law, and DUI charges and convictions have serious consequences. If you wish to avoid DUI charges and convictions during the holidays, you should take the information provided here to heart and refrain from drinking alcohol and/or using drugs before you get behind the wheel of your car.

If you or a loved one is facing DUI charges and/or other criminal charges, turn to the DUI defense attorneys at Delius & McKenzie, PLLC for help. We are proud to serve Sevierville, Gatlinburg, Seymour, and Pigeon Forge. For more information, call us at (865) 428-8780  or fill out our contact form.